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May 13, 2008    DOL Home > ESA > About ESA > FY2000 Annual Performance Plan   

FY2000 Annual Performance Plan - REVISED AND FINAL

February 29, 2000

Preface

The Employment Standards Administration (ESA) is an enforcement and benefit delivery agency in the U.S. Department of Labor. With the passage of the Government Performance and Results Act (GPRA), the Department of Labor and its Agencies began to look at strategic planning in a new way. Passage of the Government Performance and Results Act (GPRA) motivated us to view our strategic planning presentation with more of an eye toward the perspective of the American public, the businesses, and the workers that we serve.

ESA’s previous strategic plan was developed to cover fiscal years 1997 through 2002 and to support the goals of the Secretary of Labor. It is important that the Strategic Plan clearly delineate, for every reader, how ESA’s goals directly support those of the Secretary and link program activities at all levels to the broader goals of the Department. To that end, work on the refinement of ESA’s goals, measures and strategies and the development of the systems that support them continues.

ESA is in the process of revising its Strategic Plan to cover fiscal years 1999 through 2004. In that developmental process, we have considered comments made by our reviewers and stakeholders in the Department and from external reviewers such as the Office of Management and Budget (OMB), the General Accounting Office (GAO), the Congress and those of our program stakeholders. Progress on the initial goals informed our planning as we developed goals for FY 2004.

This Revised and Final FY 2000 Annual Performance Plan is directly related to ESA’s developing Strategic Plan. ESA’s previous three strategic goals have been replaced with two new strategic goals supported by a series of outcome goals more directly reflecting the format used by the Department and better delineating the work of the four major Program Offices in ESA. This document presents our new format and revised goals that relate to our strategic plan for fiscal years 1999 through 2004.

Table of Contents

Introduction
Overview of the ESA Strategic Plan
Mission
Vision
ESA Strategic and Outcome Goals
ESA Organization
Strategic Goals and the FY 2000 Budget
DOL Strategic Goal – A Secure Workforce
DOL Strategic Goal – Quality Workplaces
FY 2000 Performance Goals and Indicators
ESA Budgeted Resources by DOL Strategic Goal
Summary of ESA Performance Goals
Performance Goals with Alignments to DOL and ESA
Performance Measurement
Current Program Information Systems
Data Challenges
Linking Costs to Performance
Cross-Cutting Programs and Issues
Maintaining a Strategic Management Focus
Information Technology
Year 2000 Readiness
Management Controls and Systems
Financial Management
Human Resources
Conclusion
List of Acronyms

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FY 2000 Annual Performance Plan
Employment Standards Administration

Introduction

The Employment Standards Administration (ESA) is both an enforcement and a benefit delivery agency. ESA administers programs to implement over 100 laws enacted by Congress to protect the basic rights of workers, including minimum wage, child labor, and overtime pay standards, equal employment opportunities for employees of Federal contractors, workers’ compensation benefits, as well as workers’ rights as union members. Nearly every worker in America is protected by laws and regulations administered by ESA programs. The more than 4000 employees who carry out ESA’s mission are located in offices throughout the country to make ESA programs as accessible as possible to the American public.

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Overview of the ESA Strategic Plan

The Employment Standards Administration submitted a revised Strategic Plan, fiscal years 1997 through 2002, to the U.S. Congress in September 1998. A Strategic Plan covering fiscal years 1999 through 2004 is currently under development. Key elements of the ESA Strategic Plan are included here and provide the foundation and context for ESA’s activities and the Revised and Final FY 2000 Annual Performance Plan.

ESA’s previous three strategic goals have been replaced with two new strategic goals supported by a series of outcome goals more directly reflecting the format used by the Department and better delineating the work of the Agency’s four major Program Offices. ESA’s outcome goals are presented later in this chapter. ESA’s Strategic Goals are to:

EMPLOYMENT STANDARDS ADMINISTRATION

Strategic Goals

_________________________________________________________________

Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work related injuries, and safeguarding union democracy.

Secure public confidence through excellence in the management and delivery of ESA’s programs and services.

ESA’s strategic goals support the Departmental goals which integrate the objectives of all DOL agencies and programs to help America’s workers meet the challenges they face today and in the future. ESA’s work is integral to the Department’s success in achieving the Departmental strategic goals for A Secure Workforce and Quality Workplaces. The performance and outcome goals in ESA’s Annual Performance Plan support both the Departmental and ESA strategic goals. The Departmental Strategic and Outcome Goals are:

U.S. DOL STRATEGIC AND OUTCOME GOALS

_________________________________________________________________

Strategic Goal One: A Prepared Workforce - Enhance opportunities for America’s workforce

  • Increase employment, earnings, and assistance
  • Increase the number of youth making a successful transition to work
  • Improve the effectiveness of information and analysis on the U.S. economy

Strategic Goal Two: A Secure Workforce - Promote the economic security of workers and families

  • Increase compliance with worker protection laws
  • Protect worker benefits
  • Increase employment and earnings for retrained workers

Strategic Goal Three: Quality Workplaces - Foster quality workplaces that are safe, healthy, and fair

  • Reduce workplace injuries, illnesses, and fatalities
  • Foster equal opportunity workplaces
  • Increase availability and effectiveness of programs that support a greater balance between work and family
  • Reduce exploitation of child labor and address core international labor standards issues

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Mission

The mission of ESA is to enhance the welfare and protect the rights of American workers.

As an enforcement and benefit delivery Agency, ESA is composed of four major programs: the Wage and Hour Division (WHD); the Office of Federal Contract Compliance Programs (OFCCP); the Office of Workers’ Compensation Programs (OWCP); and the Office of Labor-Management Standards (OLMS).

The Wage and Hour Division enhances the welfare and protects the rights of the nation's workers through enforcement of several Acts: the Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act; the Family and Medical Leave Act; the Migrant and Seasonal Agricultural Worker Protection Act; the Employee Polygraph Protection Act; field sanitation and housing standards in the Occupational Safety and Health Act; and, a number of employment standards and worker protections provided in the Immigration and Nationality Act. Additionally, the WHD administers and enforces the prevailing wage requirements of the Davis-Bacon Act and the McNamara-O’Hara Service Contract Act and other statutes applicable to Federal contracts for construction and for the provision of goods and services.

The Office of Federal Contract Compliance Programs increases equal employment opportunities (EEO) for employees of Federal contractors. Through Executive Order 11246, the Rehabilitation Act of 1973, the Vietnam Era Veterans Readjustment Assistance Act of 1974, the Immigration and Nationality Act, and the Americans with Disabilities Act, OFCCP enforces equal opportunity standards and affirmative action for women, minorities, Vietnam era veterans, and persons with disabilities employed by the more than 200,000 contractors that participate in the Federal procurement process.

The Office of Workers’ Compensation Programs mitigates the financial burden on certain workers, or their dependents or survivors, resulting from work-related injury, disease, or death, through the provision of wage replacement and cash benefits, medical treatment, vocational rehabilitation, and other benefits. The Federal Employees’ Compensation Act (FECA) program provides income and medical cost protection and return-to-work services to civilian employees of the Federal Government injured at work, and to certain other designated groups. The Longshore and Harbor Workers’ Compensation Act (LHWCA) program provides similar protection to private sector workers engaged in certain maritime and related employment. The Black Lung Benefits program provides protection to the nation’s coal miners totally disabled by pneumoconiosis or to their survivors.

The Office of Labor-Management Standards promotes internal union democracy and financial integrity and protects certain rights of union members in administering and enforcing provisions of the Labor-Management Reporting and Disclosure Act (LMRDA) and related laws. Under the LMRDA, OLMS resolves union member complaints concerning union officer elections, union trusteeships, and other matters pertaining to safeguards for union democracy; administers statutory safeguards for union funds and assets; and makes reports required of labor unions and others available for public disclosure. The Division of Statutory Programs assures that appropriate arrangements are in place to protect the rights of affected mass transit workers when federal funds are used to acquire, improve, or operate a transit system. These statutory requirements are set forth in section 5333(b) of Title 49 U.S. Code (formerly section 13(c) of the Federal Transit Act).

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Vision

The vision of the ESA is to achieve universally applied fair practices in the American workplace.

ESA will work to protect the rights of American workers and achieve compliance with the workplace laws it administers. We will work in partnership with leaders in business, industry, unions, city, State and local governments, public and non-profit interest groups, and other Federal agencies to increase the effectiveness of our enforcement and outreach efforts, to encourage voluntary compliance, and to assure equitable and fair workplaces. We will address customer and stakeholder interests and concerns by emphasizing quality in program administration and customer service, and will provide covered individuals who experience work-related injuries the best and most cost-effective assistance and services possible. ESA will also make effective, prudent use of available technology to accomplish program work and advance the statutory mandates of our programs.

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ESA Strategic and Outcome Goals

In considering the agency’s Strategic Plan for FY 1999 – FY 2004, and to support the Secretary’s Strategic and Outcome goals, ESA established two new strategic goals to replace its previous goals. Each of the new strategic goals is supported by five outcome goals to guide the development of programs and activities for the Agency. Through the Departmental and ESA strategic and outcome goals, ESA staff and the American public can see a direct link between ESA’s mission and its activities.

ESA is focused on its vision of achieving universally applied fair practices in the American workplace. To that end, each of ESA’s four major Program Offices, directed by legislative mandates, target resources to achieve the most effective results for the available resources. Through the collective efforts of each of ESA’s four major Program Offices, workers and employers are better informed of their rights and responsibilities. Better and more readily available information generally results in behavior changes which improve compliance with the Fair Labor Standards Act, Equal Opportunity laws, the safeguarding of union democracy and the minimization of the impact of work-related injuries. For employers who are not voluntarily complying, however, enforcement is the result. Either way, change occurs in workplaces as a result of these efforts. Whether this workplace change is driven by compliance assistance, partnership, education, recognition or enforcement activities, the ultimate result is to create better workplaces, ESA’s first strategic goal.

ESA and its major Program Offices are responsible for the stewardship of resources, trust funds, and the management of programs and services. To support the Program Offices in achieving their goals, ESA’s strategic planning establishes a management framework which links the program, administrative and management operations of the agency. This helps ensure that the Program Offices in ESA work together to achieve the Agency’s overall goals and that they are supported by the administrative and management systems and operations necessary for their goal accomplishment. Through effective management and integrated delivery of its various programs and services, ESA will demonstrate a positive impact on the welfare and rights of American workers which will secure public confidence, ESA’s second strategic goal.

The following strategic and outcome goals demonstrate a unified purpose and direction for all of the programs within ESA.

EMPLOYMENT STANDARDS ADMINISTRATION

Strategic and Outcome Goals

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Goal One: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

  • Promote compliance with employment standards and worker protection laws
  • Safeguard union democracy and financial integrity
  • Minimize the human, social, and financial impact of work-related injuries
  • Protect the rights of affected mass transit workers when Federal grant funds are used to acquire, improve, or operate a transit system
  • Reduce the incidence of federal contractors out of compliance with their contractual Equal Employment Opportunity obligations
  • Goal Two: Secure public confidence through excellence in the management and delivery of ESA’s programs and services.

  • Respond effectively to legal mandates
  • Improve performance in the delivery of services to injured workers and in the administration of FECA
  • Enhance the fiscal integrity of managed public trust funds
  • Foster organizational excellence and increase collaboration
  • Design and implement management systems and procedures to support ESA goals and objectives
  • Associated with each of the above goals are specific programs designed to implement key Departmental and ESA priorities including: compliance with labor standards laws and regulations - with particular emphasis on young workers - and union integrity standards; the provision of timely benefits for covered miners, longshore workers and Federal employees; effective intervention for injured Federal employees to enable them to recover to the full extent possible and to ensure that benefit funding will be available as intended for eligible employees; and preventing wage disparities as well as increasing compliance of Federal contractors with equal employment opportunity and non-discrimination provisions of their Federal contracts.

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    ESA Organization

    The Employment Standards Administration is the largest agency in the Department of Labor. ESA is organized into four major components: the Wage and Hour Division, the Office of Federal Contract Compliance Programs, the Office of Workers’ Compensation Programs, and the Office of Labor-Management Standards. An Assistant Secretary heads ESA and each program is headed by a Deputy Assistant Secretary or, in the case of the Wage and Hour Division, an Administrator. ESA’s program staff are located in regional, district, area, and field offices throughout the country to ensure that the enforcement and benefit delivery programs are accessible to the American public. The ESA organization chart follows:

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    Strategic Goals and the FY 2000 Budget

    The FY 2000 budget of the Employment Standards Administration directly supports two of the Departmental strategic goals: A Secure Workforce and Quality Workplaces. The discussion which follows aligns ESA’s budgeted resources with the Departmental strategic goals, describing the processes and resources to be used in Fiscal Year 2000 in advancing these goals and highlighting ESA’s new initiatives.

    Each DOL and ESA strategic goal consists of intermediate outcome goals that in turn contain specific ESA performance goals for the fiscal year. Each performance goal result is measured by an indicator, which is used to assess progress toward goal accomplishment.

    While each ESA performance goal is presented with the alignment to both DOL and ESA strategic and outcome goals, the following narrative presentation of the final appropriation for the FY 2000 budget is presented with its direct alignment to the DOL goals.

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    DOL Strategic Goal -- A Secure Workforce

    In support of the Departmental Secure Workforce strategic goal, ESA promotes the economic security of workers and families. ESA is committed to protecting workers’ hours, wages, and other conditions when on the job; ensuring the fiscal integrity of the workers’ compensation benefit funds it administers; assisting injured Federal workers to expeditiously receive the care and assistance needed to return to work; and enforcing the standards for financial and democratic integrity of labor unions, which represent workers. Employer compliance with labor standards laws including young workers is both promoted and enforced by the Wage and Hour Division. The financial integrity of three benefit funds is the responsibility of the Office of Workers’ Compensation Programs. The Office of Labor-Management Standards administers and enforces standards for union democracy and financial integrity and certifies protections for certain transportation workers.

    Approximately $316.0 million1 is budgeted for administrative expenses for the promotion of the economic security of workers and families in FY  2000. That figure represents $294.1 million in salaries and expenses, including $9.5 million for new initiatives, and $21.8 million from Fair Share funds in the FECA Special Benefits Account. The major new FY 2000 initiatives associated with this goal are described below:

    1 Includes Program Direction and Support overhead.

    New Initiatives to Increase Compliance with Worker Protection Laws

    FY 2000 Wage and Hour Division

    • The WHD participates in one of the Departmental cross-cutting initiatives. Funding was provided to begin constructing an integrated information technology system to achieve excellence in customer service by providing workers and employers – particularly small businesses – with a nationwide toll-free service to assure (1) prompt and accurate referral of calls unrelated to Wage and Hour’s activities to the proper agency; (2) easily accessible, quick and accurate responses to commonly asked questions regarding Wage and Hour programs; and (3) on-line and centralized telephone complaint intake. ($1.7 million)
    • Funding was provided to promote labor standards compliance through a nationwide education initiative by developing and building non-traditional partnerships with intermediary organizations and institutions that provide services to workers and employers. These partnerships will facilitate much more targeted and effective dissemination of labor standards information to new and small businesses, and to workers, to increase voluntary compliance. ($500,000)
    • Resources were provided to sustain and enhance Wage and Hour’s initiatives to achieve labor standards compliance, including child labor, in garment manufacturing ("No Sweat" initiative) and agriculture ("Salad Bowl" initiative) with greater sustained presence, more timely and effective litigation, criminal prosecution, and enhanced education and outreach efforts. ($4.25 million and 30 FTE)
    • Resources were included to support Wage Hour’s share of the ESA-wide information technology support initiative for managing, training, operating, and maintaining ESA ADP resources. ($1.0 million)

    FY 2000 Office of Labor-Management Standards

    • Funding was provided to continue development and implementation of a system to allow electronic filing of reports required under the Labor-Management Reporting and Disclosure Act (LMRDA), improve public access to these reports via the Internet, and complete implementation of a computerized desk audit program to detect and correct reporting deficiencies. ($1.0 million in new funding; an additional $1.0 million is included in the base)
    • Resources were included to support OLMS’ share of the ESA-wide information technology support initiative for managing, training, operating, and maintaining ESA ADP resources. ($300,000)

    New Initiatives to Protect Worker Benefits

    FY 2000 Office of Workers' Compensation Programs:

    Significant improvements in claims processing, case management, and customer service have characterized OWCP programs in recent years. OWCP has also been very successful in containing administrative and benefit costs and enhancing the security and integrity of its benefit funds. Technological improvement has been the cornerstone of these achievements. OWCP has increased automation of manual work processes, communications and information management. Additional resources are included in the FY 2000 budget to continue these achievements, specifically the extension of OWCP’s ability to acquire and apply new information technologies. It should be noted that none of these activities are increased costs to General Revenues, rather each Special or Trust Fund will bear the costs.

    FY 2000 FECA Program Initiatives:

    • Funding was provided to continue to transform FECA to full electronic and "paperless" operations with the purchase and installation of imaging equipment and upgrade of networks in FECA district offices. ($5.0 million)
    • Through development and delivery of technical training, funds were provided to enable FECA claims staff to effectively operate in a new electronic environment integrated with better claims processing and injury management. ($1.3 million)

    FY 2000 Longshore Program Initiatives:

    • Resources were provided to continue automation of program operations and migration to "paperless" offices; to provide enhanced customer technical assistance and outreach; and to train staff to effectively use new automated systems. ($185,000)

    FY 2000 Black Lung Program Initiatives:

    • Funding was provided to ensure that program staff has the knowledge and skills needed to effectively utilize the new operating system and to introduce a secure Internet database so that MSHA staff can access certain Black Lung program system data related to their inspector activities. ($359,000)

    Resources were included to support OWCP’s share of an ESA-wide information technology support initiative for managing, training, operating, and maintaining ESA ADP resources. ($249,000)

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    DOL Strategic Goal -- Quality Workplaces

    ESA is committed to fostering workplaces that allow equal opportunities for all employees paid with Federal contracting funds, including women, people of color, the disabled, and covered veterans. Nearly a quarter of the civilian workforce—about 26 million workers—is employed by Federal contractors or subcontractors.

    The ESA Office of Federal Contract Compliance Programs enforces the laws that require Federal contractors to take affirmative action to promote an equal employment opportunity workplace, and not discriminate. The laws are designed to advance equal employment opportunities generated by Federal taxpayers’ dollars so not to perpetuate employment discrimination on the basis of race, gender, national origin, religion, color, disability or status as a covered veteran. ESA’s FY 2000 budget contains approximately $76.02 million including $5.2 million for the initiatives described below:

    2 Includes Program Direction and Support overhead.

    New Initiatives to Foster Equal Opportunity Workplaces

    FY 2000 Office of Federal Contract Compliance Programs:

    • OFCCP and the Equal Employment Opportunity Commission are participating in an Administration Equal Pay Initiative to focus additional resources on providing employers with the necessary tools to assess and improve their pay policies, and to educate the public on the importance of this issue as well as their rights and responsibilities. OFCCP helps women obtain and retain employment in non-traditional jobs by identifying and disseminating model employer practices and assists contractors in identifying resources for recruiting qualified women employees. Avenues used to identify and disseminate model practices and recruiting resources include the new nationwide network of One-Stop Career Centers established by the Workforce Investment Act. OFCCP has also increased outreach, education, and technical assistance to federal contractors on equal pay issues, by providing legal guidelines and industry best practices. ($4.2 million and 20 FTE)
    • OFCCP is also participating in an Administration-wide Discrimination Measurement Initiative which is designed to document and promote further understanding of the role discrimination plays in U.S. society. This is a multi-agency, multi-year initiative to develop, implement, and track data elements that measure discrimination. The Department joins the Departments of Education, Health and Human Services, Justice, and Housing and Urban Development in this effort to improve the measurement of discrimination in America. In FY 2000, OFCCP, working with BLS and ASP, is establishing a research agenda and evaluating feasible methodologies to accurately measure and track discrimination in the workplace. ($ .5 million)
    • Resources were included to support OFCCP’s share of the ESA-wide information technology support initiative for managing, training, operating, and maintaining ESA ADP resources. ( $430,000)

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    FY 2000 Performance Goals and Indicators

    This section presents several items of information focused on the FY 2000 Performance Goals:

    A summary of budgeted resources for each of the Departmental goals supported by ESA.

    A summary of ESA’s Performance Goals arrayed by ESA’s Strategic and Outcome Goals. This summary includes references to those Performance Goals in ESA’s Strategic Plan that originate subsequent to FY 2000 and do not appear in this Performance Plan.

    Each of the FY 2000 Performance Goals and indicators are presented in tables by ESA Strategic and Outcome Goal with the alignment to the DOL goals. Each cluster of Performance Goals supporting an Outcome Goal is followed by the means and strategies that will be used by ESA in achieving the goals. Means and strategies for both sustained (continuing) efforts and new initiatives are identified.

    The Performance Goal tables highlight the following:

    DOL Strategic Goal – The Departmental goal which ESA’s performance goal supports.

    DOL Outcome Goal – The Departmental outcome to be achieved relative to the Departmental Strategic Goal.

    ESA Strategic Goal – The ESA Strategic Goal which ESA’s performance goal supports.

    ESA Outcome Goal – The ESA Outcome Goal to be achieved relative to ESA Strategic Goal.

    FY 2000 ESA Performance Goal – The specific targets relative to the DOL and ESA outcome goals, which will be accomplished in FY 2000. The FY 1999 targets are included. Each budget activity supporting the Performance Goal is identified.

    FY 1999 Performance Goal Results – A brief statement of the end of year performance.

    Supporting Budget Activity -- The program activity structure.

    Indicator – The measures that will be used to assess progress towards performance goal accomplishment.

    Source of Data – The measurement system(s) that will be used to collect performance indicator data.

    Baseline – The baseline year and baseline level against which progress will be evaluated.

    Comment – Issues related to goal accomplishment, measurement systems, and strategies that provide a context or description of the performance goal or indicator.

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    ESA Budgeted Resources by DOL Strategic Goal

    DOL STRATEGIC GOAL 2:

    A SECURE WORKFORCE

    Promote the economic security of workers and families

    Increase compliance with worker protection laws
    Protect worker benefits

    _________________________________________________________________

    Total Budgeted Amount for this Goal in ESA3
    FY 1999 - $297.1 million
    FY 2000 - $316.0 million

     

    DOL STRATEGIC GOAL 3:

    QUALITY WORKPLACES

    Foster quality workplaces that are safe, healthy, and fair

    Foster equal opportunity workplaces

    _________________________________________________________________

    Total Budgeted Amount for this Goal in ESA3
    FY 1999 - $67.9 million
    FY 2000 - $76.0 million

    3 Includes Program Direction and Support overhead.

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    Summary of ESA Performance Goals

    Strategic Goal 1 and Performance Goals
    Strategic Goal 2 and Performance Goals

    A Summary of ESA Strategic Goal 1

    Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

    ESA Outcome Goal

    ESA FY 2000 Performance Goals

    1.1 Promote compliance with employment standards and worker protection laws

     

     

    1.1a Increase compliance with labor standards laws and regulations including young workers to 45% (6% increase over FY 1998 performance) in the Los Angeles garment industry and by 5% in poultry processing and the nursing home industry. Establish baselines for forestry and the agricultural commodity of garlic.

    1.1b Baseline for this goal to be established in FY 2002 (goal not included in FY 2000 APP).

    1.1c Baseline for this goal to be established in FY 2004 (goal not included in FY 2000 APP).

    1.1d To increase child labor compliance, establish baselines in the restaurant and grocery industries where data indicate that the risk of serious injury of young workers is greatest. (New Goal)

    1.1e To increase child labor compliance among employers previously investigated, establish baselines in the restaurant and grocery industries where the data indicate that the risk of serious injury to young workers is greatest. (New Goal)

    1.1f Increase compliance by 5% among employers, which were previous violators, and the subject of repeat investigations in the Los Angeles garment industry, poultry processing and nursing homes; and establish baselines for forestry and the agricultural commodity of garlic.

    1.2 Safeguard union democracy and financial integrity.

    1.2a Protect standards for democratic union officer elections for union members by resolving 100% of election complaints filed under the Labor-Management Reporting and Disclosure Act (LMRDA) and related laws within statutory timeframes.

    1.2b Protect union financial integrity through appropriate enforcement action.

    1.2c Achieve timely union reporting compliance such that a minimum of 87% of unions with annual receipts greater than $200,000 timely file union annual financial reports for public disclosure access.

    1.2d Establish baseline for the number of union annual financial reports filed for public disclosure access that meet standards of acceptability.

    1.3 Minimize the human, social, and financial impact of work-related injuries. 1.3a Return Federal employees to work following an injury as early as appropriate as indicated by a 9% reduction from the baseline in the average number of production days lost due to disability. Reduce number of lost production days to 173 days in QCM cases only and establish baseline for all cases.

    1.3b Increase employing agency timeliness in submitting notices of injury to 53% within 14 days.
    1.4 Protect the rights of affected mass transit workers when Federal grant funds are used to acquire, improve, or operate a transit system.   1.4a Issue 100% of transit employee protection certifications within established timeframes.
     1.5 Reduce the incidence of federal contractors out of compliance with their contractual Equal Employment Opportunity (EEO) obligations.  1.5a Increase by 5% (over FY 1999 performance) the number of Federal contractors brought into compliance with the EEO provisions of federal contracts via OFCCP’s compliance evaluation procedures.

    1.5b To increase compliance with the equal employment opportunity requirements among Federal contractors, establish a methodology by the end of FY 2000 to measure the effectiveness of OFCCP’s education, technical assistance and outreach efforts. (New Goal)

    1.5c To narrow the wage gap for protected groups within the Federal contractor reporting community, establish a methodology by the end of FY 2000 to identify wage disparities. (New Goal)

    A Summary of ESA Strategic Goal 2

    Secure public confidence through excellence in the management and delivery of ESA’s programs and services.

    ESA Outcome Goal

    ESA FY 2000 Performance Goals

    2.1 Respond effectively to legal mandates.

     

     

    2.1a Each area of the country will be surveyed for all four types of construction at least every three years, and the resulting wage determinations validly reflect locally prevailing wage/benefits. In FY 2000, implement scanning technology and develop knowledge management technology; and complete analysis of BLS data and decide whether a Davis-Bacon reengineering or reinvention approach will be pursued in FY 2001.

    2.1b Implement new Service Contract Act (SCA) wage determination methodology and ensure that the Davis-Bacon Act (DBA) wage determination issuance process keeps pace with wage survey process improvements.

    2.2 Improve performance in the delivery of services to injured workers and in the administration of FECA.

    2.2a Improve customer satisfaction with FECA services by 6 percentage points (over FY 1997 base) as measured by an index of customer survey scores and other measures. Establish new baseline.

    2.2b Improve the quality of claims actions as measured by average accountability review Quality Index scores to 76.5.

    2.3 Enhance the fiscal integrity of managed public trust funds. 2.3a Produce $66 million in cumulative first-year savings (FY 1999-2000) through Periodic Roll Management.

    2.3b In the FECA program, save an additional $5 million over FY 1999 compared to amounts charged through full-year implementation of fee schedules for inpatient hospital and pharmacy services; and save $1.5 million compared to amounts charged for physician services through the Correct Coding Initiative.
    2.4 Foster organizational excellence and increase collaboration.   2.4a To increase customer satisfaction among employers subject to Wage and Hour enforcement intervention, establish baseline in FY 2000.

    2.4b This goal was completed in FY 1999.

    2.4c Reduce the average time required to reach a Longshore and Harbor Workers’ Compensation Program case resolution in cases with disputed issues when measured against the baseline. In FY 2000, complete system programming for entering and generating goal-related data and establish a performance baseline after data analysis.

    2.4d Increase black lung benefit claims for which, following an eligibility decision by the district director, there are no requests for further action from any party pending one year after receipt of the claim. In FY 2000, finalize and implement new regulations. Develop materials to provide all parties with information about the revised claims development and adjudication process.

    2.4e Increase customer satisfaction with OFCCP services by 1% over the FY 1999 performance.
     2.5 Design and implement management systems and procedures to support ESA goals and objectives.  2.5a Assure that ESA financial systems substantially comply with applicable Federal law, regulations, and accounting standards, and that 4 of ESA’s 5 financial systems are free from material non-conformance.

    2.5b Expand the ESA Wide Area Network (WAN) to provide increased performance and scalability of access to ESA Information Systems for ESA regional staff; upgrade remote access technology to provide more services to flexiplace workers in support of an increasing number of participants; and develop a "warm/hot" site capability for ESA’s Information Technology (IT) applications and service.

    2.5c Perform vulnerability assessment as required by the Presidential Decision Directive (PDD) - 63 Critical Infrastructure Protection Plan (CIPP) and OMB circular A-130, and revise ESA’s IT Disaster Recovery Plan.

    2.5d Train two additional DHRM training specialists with the skills/abilities to produce computer-based training courses.

    2.5e Develop and deliver quality training for the Federal Employees’ Compensation (FEC) program’s "imaged" environment. In FY 2000, begin training FEC Claims Examiners (CEs) in the use of imaging software.

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    Performance Goals with Alignments to DOL and ESA

    ESA Strategic Goal l: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

    ESA Outcome Goal 1.1

    Promote Compliance with Employment Standards and Worker Protection Laws

    ESA seeks to impact or change the behavior and practices of whole industries, particularly those in which violations are most likely to occur – the low-wage industries – and those employing young workers. These industries are also most likely to employ vulnerable workers who often won’t complain about violations or are less informed about their workplace rights. Domestic child labor is a priority of the Secretary and is included in this goal.

    The FY 2000 performance goals and indicators for this Outcome Goal follow.

    DOL Strategic Goal 2: A Secure Workforce – Promote the economic security of workers and families

    DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

     ESA Outcome Goal 1.1: Promote compliance with employment standards and worker protection laws

    1.1a

    FY 2000 ESA Performance Goal

    (DOL Strategic Plan 2.1A)

     

     

     

    Increase compliance with labor standards laws and regulations including young workers to 45% (6% increase over FY 1998 performance) in the Los Angeles garment industry and by 5% in poultry processing and the nursing home industry. Establish baselines for forestry and the agricultural commodity of garlic.

    FY 1999 (Rev):

    Garment: 5% increase in compliance in San Francisco and New York City garment industries.
    Agricultural Commodities: establish baseline for onions, lettuce and cucumbers
    Health Care: establish baseline for residential health care (assisted living facilities)
      Supporting Budget Activity Wage and Hour Division: P&F Schedule Activity #1
    Program Direction and Support: P&F Schedule Activity #4
       FY 1999 Performance Results The garment goal was not met. To assure goal will be met in the future, developed compliance education and strike forces. Also cases will continue to be developed for criminal prosecution and a new office will be opened in Brooklyn. The remaining goals were met. Established compliance baseline of 65% for lettuce, 49% for cucumbers, and 42% for onions. A compliance baseline of 57% for residential health care (assisted living facilities) was also established during FY 1999.

     

    Indicator

    Trends in compliance/violation rates by industry (NAIC Code); changes in results of compliance surveys in targeted industries.

     

    Data Source

    Wage Hour Investigator Support and Reporting Database (WHISARD); results of compliance surveys

     

    Baseline

    Industry/sector-specific baseline data

    79% compliance in the San Francisco garment industry (FY1997)
    37% compliance in the New York City garment industry (FY1997)
    22% compliance in the Los Angeles garment industry (FY 1994)
    49% compliance in cucumber commodity (FY 1999)
    42% compliance in onion commodity (FY 1999)
    65% compliance in lettuce commodity (FY 1999)
    70% compliance in the nursing home industry (1997)
    57% compliance in residential health care (assisted living facilities) (1999)
    40% in the poultry processing industry (FY 1998)

     

    Comment

    Because there is no unbiased industry-wide database on labor standards violations or compliance, Wage and Hour faces a challenge in determining industry-wide levels of compliance, measuring changes in compliance and attributing causality for any changes. To determine the impact of Wage and Hour efforts, a statistically sound method for establishing baselines and measuring compliance was developed using investigation-based compliance surveys of targeted industries and areas.

    Based on results, specific industries and/or industry sectors will be resurveyed every 2 to 3 years.

    Note: Goals 1.1b and 1.1c are not included in FY 2000 APP (baselines for these goals to be established in FY 2002)

    DOL Strategic Goal 2: A Secure Workforce – Promote the economic security of workers and families

    DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

    ESA Outcome Goal 1.1: Promote compliance with employment standards and worker protection laws

    1.1d

    FY 2000 ESA Performance Goal

    (DOL Strategic Plan 2.1C)

    To increase child labor compliance, establish baselines in the restaurant and grocery industries where data indicate that the risk of serious injury of young workers is greatest.

    FY 1999: New goal for FY 2000

      Supporting Budget Activity

    Wage and Hour Division: P&F Schedule Activity #1
    Program Direction and Support: P&F Schedule Activity #4

       FY 1999 Performance Results N/A

     

    Indicator

    Trends in compliance rates in those selected industries (NAIC code) where data indicate risk of serious injury to young workers is greatest.

    Specific program interventions to be completed during FY 2001 will be determined based on assessment of the results of the FY 2000 compliance survey.

    Targeted percentage of program improvement will be set following assessment of the results of the FY 2000 compliance survey. Accomplishment of targeted improvement will be measured by the FY 2002 compliance survey.

     

    Data Source

    Wage Hour Investigator Support and Reporting Database (WHISARD); results of compliance surveys; industry data indicating serious injuries of young workers.

     

    Baseline

    Baselines for the restaurant and grocery industries to be established in FY 2000.

     

    Comment

    Because there is no unbiased industry-wide database on labor standards violations or compliance, Wage and Hour faces a challenge in determining industry-wide levels of compliance, measuring changes in compliance and attributing causality for any changes. To determine the impact of Wage and Hour efforts, a statistically sound method for establishing baselines and measuring compliance was developed using investigation-based compliance surveys of targeted industries and areas.

    Based on results, specific industries and/or industry sectors will be resurveyed every 2 to 3 years.

    DOL Strategic Goal 2: A Secure Workforce – Promote the economic security of workers and families

    DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

    ESA Outcome Goal 1.1: Promote compliance with employment standards and worker protection laws

    1.1e

    FY 2000 ESA Performance Goal

     (DOL Strategic Plan 2.1D)

    To increase child labor compliance among employers previously investigated, establish baselines in the restaurant and grocery industries where data indicate that the risk of serious injury to young workers is greatest.

    FY 1999: New goal for FY 2000

     

    Supporting Budget Activity

    Wage and Hour Division: P&F Schedule Activity #1
    Program Direction and Support: P&F Schedule Activity #4
       FY 1999 Performance Results N/A

     

    Indicator

    Trends in compliance rates in those selected industries (NAIC code) where data indicate risk of serious injury to young workers is greatest.

    Specific program interventions to be completed during FY 2001 will be determined based on assessment of the results of the FY 2000 compliance survey.

    Targeted percentage of program improvement will be set following assessment of the results of the FY 2000 compliance survey. Accomplishment of targeted improvement will be measured by the FY 2002 compliance survey.

     

    Data Source

    Wage Hour Investigator Support and Reporting Database (WHISARD); results of compliance surveys; industry data indicating serious injuries of young workers.

     

    Baseline

    Baselines for the restaurant and grocery industries to be established in FY 2000.

     

    Comment

    This goal is to increase the level of compliance as a result of a Wage and Hour enforcement intervention. Data on entities covered in an investigation-based compliance survey that have previously been investigated by Wage and Hour, will be analyzed to compare those entities’ compliance to the rest of the survey universe and to the entities prior compliance history. Data on the outcomes or repeat investigations will also be used to evaluate the relative effectiveness, or return on investment, of the various types of interventions.

    Based on results, specific industries and/or industry sectors will be resurveyed every 2 to 3 years.

    DOL Strategic Goal 2: A Secure Workforce – Promote the economic security of workers and families

    DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

     ESA Outcome Goal 1.1: Promote compliance with employment standards and worker protection laws

    1.1f

    FY 2000 ESA Performance Goal

     (DOL Strategic Plan 2.1B)

     

     

     

    Increase compliance by 5% among employers, which were previous violators, and the subject of repeat investigations in the Los Angeles garment industry, poultry processing and nursing homes; and establish baselines for forestry and the agricultural commodity of garlic.

    FY 1999 (Rev):

    Garment: establish baseline for San Francisco and New York City
    Agricultural Commodities: establish baseline for lettuce, cucumbers and onions
    Health Care: establish baseline for residential health care (assisted living facilities)
      Supporting Budget Activity Wage and Hour Division: P&F Schedule Activity #1
    Program Direction and Support: P&F Schedule Activity #4
       FY 1999 Performance Results Goal was met. Compliance baselines of 86% and 52%, respectively, were established for the San Francisco and New York City garment industries. Established compliance baseline of 43% for lettuce, 42% for onions and 37% for cucumbers. Established baseline of 55% in residential health care (assisted living facilities).

     

    Indicator

    Trends in compliance/violation rates by industry (NAIC Code); changes in results of compliance surveys in targeted industries.

     

    Data Source

    Wage Hour Investigator Support and Reporting Database (WHISARD); results of compliance surveys

     

    Baseline

    Industry/sector-specific baseline data

    25% compliance in the reinvestigated Los Angeles garment industry (1998)
    86% compliance in the reinvestigated San Francisco garment industry (1999)
    52% compliance in the reinvestigated New York City garment industry (1999)
    76% compliance in reinvestigated nursing homes (1997)
    55% compliance in reinvestigated residential health care (assisted living facilities) (1999)
    40% compliance in reinvestigated poultry processing (1998)
    43% compliance in reinvestigated lettuce commodity(1999)
    42% compliance in reinvestigated onion commodity (1999)
    37% compliance in reinvestigated cucumber commodity (1999)

    Baseline for forestry and garlic to be determined

     

    Comment

    This goal is to increase the level of compliance as a result of a Wage and Hour enforcement intervention. Data on entities covered in an investigation-based compliance survey that have previously been investigated by Wage and Hour, will be analyzed to compare those entities' compliance to the rest of the survey universe and to the entities prior compliance history. Data on the outcomes or repeat investigations will also be used to evaluate the relative effectiveness, or return on investment, of the various types of interventions.

    Based on results, specific industries and/or industry sectors will be resurveyed every 2 to 3 years.

    ESA Means and Strategies

    Operating Program: Wage and Hour Division

    Sustained Efforts in FY 2000:

    • ESA will continue initiatives to increase compliance with labor standards by: targeting certain low-wage industries for focused education/outreach and enforcement interventions; targeting child labor compliance, particularly in agriculture and other selected industries where data indicate that the risk of serious injury to young workers is greatest; building partnerships with other governmental, non-governmental, and business organizations to promote compliance; and, enhancing the scope and effectiveness of education and enforcement interventions to obtain lasting future compliance. (1.1a, d, e, f)
    • ESA will continue to measure compliance results achieved by establishing baselines of compliance in targeted industries through investigation-based compliance surveys, and conducting subsequent compliance surveys in those industries in which baselines have already been established. (1.1a, d, e, f)
    • ESA will continue its initiative to rewrite the Child Labor Hazardous Orders to reflect current workplace technologies and hazards. ESA will continue to effectively respond to the requirements of the Unfunded Mandates Reform Act, the Regulatory Flexibility Act of 1990, and the Small Business Regulatory Enforcement Fairness Act of 1996. (1.1a, d, e, f)

    Significant New or Enhanced Efforts in FY 2000:

    • ESA will accelerate progress toward achieving labor law compliance, with particular emphasis on child labor, for garment and farm workers by providing needed additional resources for enforcement staff – increased in FY 1999 and FY 2000 – to make more effective and sustained interventions, including better detection of violations, more timely litigation, developing appropriate cases for criminal prosecution, and enhancing education and outreach efforts. While the Department has been vigorously pursuing and elaborating its compliance strategy in these sectors, progress is slow, worker exploitation is still very common, and it has become increasingly clear that sustained efforts are required. (1.1a, d, e, f)
    • ESA will begin development of a Technology for Excellent Customer Service (TECS) system that will allow nationwide toll-free access to information and well-trained personnel to (1) promptly identify and refer calls unrelated to Wage and Hour activities to the appropriate agency; (2) answer commonly asked questions quickly and accurately; and (3) eventually accept complaints alleging violations and refer them electronically to the proper field office. (1.1a, d, e, f)
    • Through its new initiative to increase voluntary compliance, ESA will establish non-traditional partnerships with intermediary organizations and institutions that provide services to workers and employers, such as health care employer and employee organizations to provide information about both FLSA compliance in health care facilities and the Family and Medical Leave Act (FMLA) as it applies to their clients (and their clients’ families). ESA will seek to obtain help from these organizations in developing and disseminating information to their members to promote awareness, understanding, compliance, and the health care professions’ ability to recognize situations in which the benefits of FMLA may apply. (1.1a, d, e, f)

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

    ESA Outcome Goal 1.2

    Safeguard Union Democracy and Financial Integrity

    ESA safeguards union democracy and financial integrity in administering its responsibilities under the Labor-Management Reporting and Disclosure Act (LMRDA). The timely resolution of complaints brought by union members under the LMRDA regarding union officer elections is an important safeguard for union democracy and a critical ESA responsibility. Enforcement actions that result from agency investigation of union funds embezzlement and other criminal violations are of vital importance in protecting union assets and financial integrity for the membership. The timeliness, accuracy, and completeness of union financial reports filed with ESA are central to a key objective of the LMRDA to promote and assist union democracy and financial integrity through the public disclosure of reported information.

     The FY 2000 performance goals and indicators for Outcome Goal 1.2 follow.

    DOL Strategic Goal 2: A Secure Workforce – Promote the economic security of workers and families

    DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

     ESA Outcome Goal 1.2: Safeguard union democracy and financial integrity.

    1.2a

    FY 2000 ESA Performance Goal

     

    Protect standards for democratic union officer elections for union members by resolving 100% of election complaints filed under the Labor-Management Reporting and Disclosure Act (LMRDA) and related laws within statutory timeframes.

    FY 1999: New goal for FY 2000.

      Supporting Budget Activity Office of Labor-Management Standards: P&F Schedule Activity #5
    Program Direction and Support: P&F Schedule Activity #4
       FY 1999 Performance Results N/A

     

    Indicator

    Percentage of union member complaints timely investigated and resolved by appropriate dispositive action.

     

    Data Source

    OLMS Case Data System

     

    Baseline

    100%

     

    Comment

    The timely resolution of union officer election complaints is an important safeguard for union democracy of direct benefit to union members. All such complaints filed under the LMRDA must be investigated and enforcement action, when warranted, must be filed within strict statutory time limits.

    Note: The agency has a legal obligation to investigate all union officer election complaints filed by members in accordance with the LMRDA and to initiate enforcement action when warranted within strict statutory time limits. Therefore, the annual target is 100%.

    DOL Strategic Goal 2: A Secure Workforce – Promote the economic security of workers and families

    DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

     ESA Outcome Goal 1.2: Safeguard union democracy and financial integrity.

    1.2b

    FY 2000 ESA Performance Goal

    Protect union financial integrity through appropriate enforcement action.

    FY 1999: New goal for FY 2000.

      Supporting Budget Activity

    Office of Labor-Management Standards: P&F Schedule Activity #5
    Program Direction and Support: P&F Schedule Activity #4

       FY 1999 Performance Results N/A

     

    Indicator

    Performance indicators demonstrating protection of union assets and financial integrity include the number of individuals barred from union office-holding and employment due to convictions resulting from agency investigation.

     

    Data Source

    OLMS Case Data System

     

    Baseline

    No performance target is suitable for this goal; therefore, no baseline data is provided.

     

    Comment

    Union protections resulting from criminal enforcement action are important safeguards for union democracy and financial integrity.

    Note: Significant indicators of program impact on union financial integrity include the number of individuals convicted of embezzlement and other crimes that are barred from union office and employment as a result of OLMS enforcement actions. These can only be determined at the end of a given fiscal year; therefore, targets have not been included for this goal.

    DOL Strategic Goal 2: A Secure Workforce – Promote the economic security of workers and families

    DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

     ESA Outcome Goal 1.2: Safeguard union democracy and financial integrity.

    1.2c

    FY 2000 ESA Performance Goal

    (DOL Strategic Plan 2.1E)

    Achieve timely union reporting compliance such that a minimum of 87% of unions with annual receipts greater than $200,000 timely file union annual financial reports for public disclosure access.

    FY 1999: Increase by 6% (to 85%).

     

      Supporting Budget Activity

    Office of Labor-Management Standards: P&F Schedule Activity #5
    Program Direction and Support: P&F Schedule Activity #4

       FY 1999 Performance Results 89.8% of unions with annual receipts greater than $200,000 timely filed union annual financial reports for public disclosure access.

     

    Indicator

    Percentage of financial reports timely filed for public disclosure availability.

     

    Data Source

    Labor Organization Reporting System

     

    Baseline

    Timely filing of annual financial reports required of unions with annual receipts over $200,000: 79% in FY 1997.

     

    Comment

    The indicators reflect union compliance with laws established to ensure democratic practices and financial integrity in unions in the American workforce.

    DOL Strategic Goal 2: A Secure Workforce – Promote the economic security of workers and families

    DOL Outcome Goal 2.1: Increase Compliance with Worker Protection Laws

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

     ESA Outcome Goal 1.2: Safeguard union democracy and financial integrity.

    1.2d

    FY 2000 ESA Performance Goal

    Establish baseline for the number of union annual financial reports filed for public disclosure access that meet standards of acceptability.

    FY 1999: New goal for FY 2000.

      Supporting Budget Activity

    Office of Labor-Management Standards: P&F Schedule Activity #5
    Program Direction and Support: P&F Schedule Activity #4

       FY 1999 Performance Results N/A

     

    Indicator

    Percentage of filed union reports that meet established agency standards of acceptability.

     

    Data Source

    Labor Organization Reporting System

     

    Baseline

    To be established in FY 2000

     

    Comment

    The accuracy and completeness of statutorily required union financial reports is critical to objectives of the LMRDA to promote union democracy and financial integrity through the public disclosure of reported information.

    ESA’s Means and Strategies

    Operating Program: Office of Labor-Management Standards

    Sustained Efforts in FY 2000:

    • ESA will investigate complaints concerning union officer elections, supervise remedial union officer elections, and conduct audits and civil and criminal investigations to enforce Labor-Management Reporting and Disclosure Act (LMRDA) standards for union democracy and financial integrity. ESA also will secure reports required from unions and others under the LMRDA and make them available for public disclosure. (1.2a, b, c, d)
    • ESA will foster partnerships with international unions to promote voluntary compliance with LMRDA standards by affiliates and will provide compliance assistance to union officials. A program of compliance assistance contacts will be continued that targets unions scheduled to elect officers in FY 2000 whose previous election was investigated by the agency. A program of contacts at the field office level to obtain timely reports by unions with receipts of more than $200,000 that were delinquent in the prior year will be continued. A program of seminars for trustees of small unions will be continued to provide assistance and training in use of the agency-developed guide for trustees in conducting audits in small unions. ESA will provide outreach to union members to promote the objectives of the LMRDA. (1.2a, b, c, d)

    Significant New or Enhanced Efforts in FY 2000:

    • ESA will advance a project initiated in FY 1998 to develop computer-based improvements to the Labor-Management Reporting and Disclosure Act (LMRDA) reporting and disclosure processes, including a system for electronic submission of the LM 2, 3, and 4 union financial reports, a computer database of information from these reports that is accessible through the Internet, and a computerized system for desk-auditing filed LM 2, 3, and 4 reports. (1.2c, d)
    • ESA will deploy a new "self-audit" program for local unions with less than $50,000 in annual receipts. (1.2c, d)

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

    ESA Outcome Goal 1.3

    Minimize the Human, Social, and Financial Impact of Work-Related Injuries

    ESA’s Federal Employees’ Compensation Act (FECA) program places its strategic emphasis on prompt adjudication and payment of benefits, early intervention in new injuries to reduce days lost from work, active disability management, and prompt and appropriate return to the workplace. FECA also promotes joint efforts with employers and claimant representatives in assisting workers, reporting disability promptly, and making work available early. As FECA provides better information to customers and stakeholders through improved technology, agencies and unions can play a role in relaying accurate, timely information between injured workers and FECA, making all employees aware of safety and compensation issues. FECA can also help agencies provide appropriate light duty job opportunities, and effectively manage compensation costs.

    The FY 2000 performance goals and indicators for this Outcome Goal follow.

    DOL Strategic Goal 2: A Secure Workforce – Promote the economic security of workers and families

    DOL Outcome Goal 2.2: Protect Worker Benefits

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

     ESA Outcome Goal 1.3: Minimize the human, social, and financial impact of work-related injuries.

    1.3a

    FY 2000 ESA Performance Goal

    (DOL Strategic Plan 2.2D

    Return Federal employees to work following an injury as early as appropriate as indicated by a 9% reduction from the baseline in the average number of production days lost due to disability. Reduce number of lost production days to 173 days in QCM cases only and establish baseline for all cases.

    FY 1999: Reduce to 178 days (QCM cases only).

      Supporting Budget Activity Office of Workers’ Compensation Programs: P&F Schedule Activity #3
    Program Direction and Support: P&F Schedule Activity #4
       FY 1999 Performance Results This goal has been exceeded. Average LPD for cases measured in FY 1999 was 173 days against a target of 178 days. This is nearly a 9 % reduction compared to the FY 1997 baseline.

    The 16-day reduction compared to the FY 1997 baseline represents a savings in compensation benefits of $9.6 million for the cases measured.

     

    Indicator

    Average number of days lost due to disability for all cases.

     

    Data Source

    Federal Employees’ Compensation Act (FECA) data systems

     

    Baseline

    Interim baseline for Quality Case Management (QCM) cases only is the FY 1997 actual – 189 workdays. The baseline for all cases to be established in FY 2000.

     

    Comment

    In FY 2000 ESA is establishing a new baseline covering all federal employee injuries. Data for this much larger cohort will require federal agency capture and reporting of "Continuation of Pay" data not currently available. The Presidential Initiative "Federal Worker 2000" sets a goal for agencies to reduce disability data, and will give impetus to data collection.

    DOL Strategic Goal 2: A Secure Workforce – Promote the economic security of workers and families

    DOL Outcome Goal 2.2: Protect Worker Benefits

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

     ESA Outcome Goal 1.3: Minimize the human, social, and financial impact of work-related injuries.

    1.3b

    FY 2000 ESA Performance Goal

    Increase employing agency timeliness in submitting notices of injury to 53% within 14 days.

    FY 1999: 51%.

      Supporting Budget Activity Office of Workers’ Compensation Programs: P&F Schedule Activity #3
    Program Direction and Support: P&F Schedule Activity #4
       FY 1999 Performance Results The goal has been exceeded. Overall filing time of Notice of Injury reports improved again in FY 1999 to 52.7 percent within 14 days, or 11.7 percentage points above baseline.

     

    Indicator

    Average time between agency supervisors’ authorization and receipt of claim forms by FECA.

     

    Data Source

    FECA data systems

     

    Baseline

    FY 1997 average: 41%.

     

    Comment

    This goal focuses on FECA’s partnership relationship with the Federal employers and their role in providing services to their injured employees. Agencies’ prompt injury reporting supports FECA program goals to intervene earlier in new injury cases to speed recovery and return to work and, overall, to provide better services to injured workers. The Presidential initiative Federal Worker 2000 will focus Federal employers on achieving this goal.

    ESA’s Means and Strategies

    Operating Program: Office of Workers’ Compensation Programs

    Sustained Efforts in FY 2000:

    • ESA promotes a secure workforce by making its Federal Employees’ Compensation Program a model for workers’ compensation programs. FECA’s non-adversarial structure allows ESA to work in partnership with employee unions and Federal agencies to achieve better outcomes. ESA will emphasize early return to work as a winning outcome for both workers and employers. (1.3a, b)
    • To support the Federal Worker 2000 Presidential Initiative, ESA will report agency progress in reducing disability days against a baseline. (1.3a)
    • ESA will continue the Quality Case Management Program in which new injury cases receive early intervention from nurses allowing case management to begin at a point when it can be much more effective. Working with all Federal employing agencies, ESA will promote light duty and other new job opportunities for returning workers to work, and speed the flow of information to improve the quality of case handling. (1.3a, b)
    • Periodic Roll Management, expanded in FY 1999 and incorporated into FECA’s overall case management process, will continue to review long term cases on the disability roll and reevaluate case status for change in medical condition and potential for return to work. (1.3a)

    Significant New or Enhanced Efforts in FY 2000:

    • The additional resources provided in FY 2000 will enable FECA to purchase and install document imaging hardware and software and upgrade local area and wide area networks. FECA district offices will begin imaging new injury claim documents. (1.3a, b)
    • ESA will take the lead in working in partnership with all Federal employing agencies to speed new injury reporting so that earlier case management can begin, improve the flow of information to improve the quality of case handling, and promote light duty and other new job opportunities for returning workers to work. (1.3a, b)

     

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

    ESA Outcome Goal 1.4

    Protect the Rights of Affected Mass Transit Workers when Federal Grant Funds are used to Acquire, Improve, or Operate a Transit System

    Under Federal transit law, the Agency certifies that fair and equitable protective arrangements are in place for transit employees when Federal grant funds are used to acquire, improve, or operate a transit system. The issuance of these certifications within established timeframes is critical to protecting the rights of mass transit workers affected by these projects.

    The FY 2000 performance goal and indicator for Outcome Goal 1.4 follow.

    DOL Strategic Goal 2: A Secure Workforce – Promote the economic security of workers and families

    DOL Outcome Goal 2.2: Protect Worker Benefits

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

     ESA Outcome Goal 1.4: Protect the rights of affected mass transit workers when grant funds are used to acquire improve, or operate a transit system.

    1.4a

    FY 2000 ESA Performance Goal

    Issue 100% of transit employee protection certifications within established timeframes.

    FY 1999: 100%.

      Supporting Budget Activity

    Office of Labor-Management Standards: P&F Schedule Activity #5
    Program Direction and Support: P&F Schedule Activity #4

       FY 1999 Performance Results In FY 1999, 98% of employee protection certifications were completed (950) within 60 days of referral, as provided for in the Guidelines. Ten certifications that presented complex issues or unusual circumstances were not certified within the established 60-day period. Delays in certification may be encountered when an application does not contain sufficient information for a referral/review and certification, when complex issues relating to the application must be resolved before an application can be processed, or when the parties are in dispute over terms and conditions and the dispute is not resolved in a timely way.

     

    Indicator

    Number of employee protection certifications completed within 60 days.

     

    Data Source

    Employee Certification Tracking System

     

    Baseline

    FY 1997: 96%.

     

    Comment

    The timely issuance of employee protection arrangement certifications is critical to protecting the rights of mass transit workers when Federal funds are used to acquire, improve, or operate a system.

    ESA’s Means and Strategies

    Operating Program: Office of Labor-Management Standards

    Sustained Efforts in FY 2000:

    • ESA will issue employee benefit protection certifications in a streamlined manner to ensure the timely release of federal transit grant funds by the Department of Transportation (DOT). (1.4a)

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

    ESA Outcome Goal 1.5

    Reduce the Incidence of Federal Contractors Out of Compliance with their Contractual Equal Employment Opportunity Obligations

    Protection of civil rights and assurances of quality workplaces should not be solely dependent upon finding violations. Excellent quality and readily available public education, outreach, and technical assistance result in an increased number of contractors found in compliance. This helps prevent discrimination in the workplace. Interactive technical assistance web applications, successful town hall meetings, quality and relevant outreach and public education are deterrents to discrimination. A Secretarial priority and a special focus for ESA are issues involving equal pay.

    The FY 2000 performance goals and indicators for this Outcome Goal follow.

    DOL Strategic Goal 3: Quality Workplaces – Foster quality workplaces that are safe, healthy, and fair

    DOL Outcome Goal 3.2: Foster Equal Opportunity Workplace

    ESA Strategic Goal 1: Create better workplaces by increasing employer and employee awareness of, commitment to, and involvement in assuring fair wages and equal employment opportunity, minimizing the impact of work-related injuries, and safeguarding union democracy.

     ESA Outcome Goal 1.5: Reduce the incidence of federal contractors out of compliance with their contractual Equal Employment Opportunity (EEO) obligations.

    1.5a

    FY 2000 ESA Performance Goal

    (DOL Strategic Plan 3.2A)

    Increase by 5% (over FY 1999 performance) the number of Federal contractors brought into compliance with the EEO provisions of federal contracts via OFCCP’s compliance evaluation procedures.

    FY 1999 (Rev): Establish new baseline.

     

      Supporting Budget Activity

    Office of Federal Contract Compliance Programs: P&F Schedule Activity #2
    Program Direction and Support: P&F Schedule Activity #4

       FY 1999 Performance Results Ninety-three percent of the goal was met. In FY 1999, OFCCP brought fewer Federal contractors into compliance because it was found that more Federal contractors were already in compliance for various reasons. OFCCP brought 2,648 contractors into compliance.

    The proportion of contractors found to be in compliance has increased by 66 percent since 1994. A number of factors have led to increased awareness among Federal contractors and contributed to this outcome, including, ESA’s outreach programs, public education, voluntary compliance awards, industry best practices, and technical assistance efforts. In addition, workhours expended on technical assistance to Federal contractors increased by 30 percent over FY 1998, from 29,232 hours in FY 1998 to 37,966 hours in FY 1999.

     

    Indicator

    Number of Federal contractors brought into compliance following a compliance evaluation, a compliance check, or a complaint investigation conducted by the Office of Federal Contract Compliance Programs (OFCCP).

     

    Data Source

    Case Management System

     

    Baseline

    FY 1999 baseline: 2,648.

     

    Comment

    This goal is to increase the level of compliance as a result of OFCCP intervention through enforcement and compliance assistance efforts.

    DOL Strategic Goal 3: Quality Workplaces – Foster quality workplaces that are safe, healthy, and fair

    DOL Outcome Goal 3.2: Foster Equal Opportunity Workplace